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Diamond's brother 'asked to be fall guy'

AAP logoAAP 29/11/2016 Georgie Moore

Olympic shooter Michael Diamond's brother says he was pressured to be the "fall guy" as the gold medallist fought drink-driving and firearm charges while bidding for selection for the Rio Games, a court has been told.

Following a dispute over loud music at a party at his Nelson Bay home, which ended with his 44-year-old brother's arrest, John Diamond says he was asked to "make out to be the bad person" during a meeting with his mother and the Olympian's solicitor.

"He wanted me to be the fall guy," Mr Diamond said at a hearing in Raymond Terrace Local Court, north of Newcastle, on Tuesday.

Their mother mentioned at the meeting that she was concerned Michael would not be selected for the Rio Olympics in August.

Diamond remains stripped of his gun licence after missing out on what would have been his seventh Olympic Games.

During the meeting, the trio also discussed John Diamond's affidavit, but when shown the document in court, Mr Diamond said the signature on it was not his.

His evidence also differed from his affidavit.

"I rang police and he grabbed his shotgun, which was behind the couch, and he jumped in the car and took off," Mr Diamond told the court on Tuesday.

But the affidavit stated he did not actually see his brother leave, only that he noticed Diamond was gone when he later went outside.

Diamond has pleaded not guilty to four charges relating to driving under the influence, and firearm and ammunition storage.

He blew over three times the blood-alcohol limit after being arrested next to his car, but denied driving it, Constable Steven Cook told the court.

A disassembled firearm was found in a case during a search of the vehicle along with ammunition.

Daniel McMahon, acting for Diamond, contested whether he was the one driving, whether the car search was legal, and the timing and validity of the breath test.

Mr McMahon also questioned whether firearm charges were applicable because Diamond was in transit.

An Apprehended Violence Order was filed at the time but dropped at his brother's request.

"I was so upset [about the incident]," Mr Diamond said.

"My mum fell to the floor, injured herself because of what happened."

Mr Diamond also said he loved his brother, who had been staying with him at the time, "heaps".

The hearing was adjourned until May.

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